TOWN OF YATES

  REGULAR BOARD MEETING

 

FEBRUARY 9,2012

 

 

The Meetings was called to Order by the Supervisor at 7:00 P.M. at the Town Hall 8 South Main Street, Lyndonville NY

 

THOSE OFFICERS PRESENT:  John Belson-Supervisor

                                                      Rick Harmer-Councilman

                                                      Wes Bradley-Councilman

                                                      Bradley Bentley-Councilman

      Steve Freeman-Councilman

                                                      Brenda Donald-Town Clerk

                                                      Roger Wolfe-Superintendent Highway/Water

                                                      Daniel Wolfe-Code/Zoning Officer

                                                      Andrew Meier-Town Attorney

    

OTHERS                                     Larry Wolfe-Resident

                                                     Paul Lauricella-Resident

                                                     Sandra Lauricella- Resident

                                                     Lynne Johnson- Legislature 

 

 

RESOLUTION NO. 29-2/12

 

RESOLUTION TO ACCEPT THE MINUTES OF THE JANUARY 12,2012 MEETING

 

RESOLVED, to accept the minutes of the  Janaury 12,2012   as presented to each Board Member.

 

 Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Harmer

 

Adopted. 4 ayes 0 nays 1 abstain (Bentley)  

 

 Privilege of the Floor

 

 Resident Paul Lauricella questioned the purchase of the software for a price of $14,000 he stated he had done some research on this company and saw software at lower prices.

 

Lynne Johnson – Our present    software  is no longer available the price includes  installation training, and updates for the new program

RESOLUTION NO.30-2/12

 

RESOLUTION OPPOSING THE POWER NY ACT OF 2011

 

WHEREAS, New York State recently enacted legislation known as the Power NY Act of 2011; and

 

WHEREAS, said Legislation amended the public service law by adding a new article 10, which establishes a New York State Board of Electrical Generation Siting and the Environment; and

 

WHEREAS, said Board will have the authority to permit the siting of electrical generating facilities in the State which have a nameplate generating capacity of twenty-five thousand kilowatts or more; and

 

WHEREAS, previously, while various state agencies had regulatory oversight for such facilities, as a home rule state, New York’s local municipalities, by virtue of decisions made by locally-elected representatives, could ultimately decide whether such development was in their residents’ best interests; and

 

WHEREAS, the Power NY Act of 2011 removes said decision making from local municipalities, and puts that authority into the hands of a bureaucratic State board which will have nominal representation from affected communities, and even that representation cannot be from elected representatives of those communities; and

 

WHEREAS, the new Board will have the authority to ignore “any local ordinance law…or any local standard or requirement if it finds that such is unreasonably burdensome…on ratepayers whether located inside or outside of such municipality”; and

 

WHEREAS, the new law further states that “no municipality may require any approval, consent, permit certificate or other condition for the construction of operation” of such facility; and

 

WHEREAS, while the law provides for the set-aside of funds for pre-hearing research on behalf of the affected communities, said funds are controlled by the Board and will be allocated as it sees fit; and

 

WHEREAS, the large majority of the Board’s membership will have no connection to the affected communities and will not be directly affected by their decisions; and

 

WHEREAS, while municipalities may be a party to the hearings, so may any individual within 5 miles of the proposed facility’s site, and therefore the municipality itself, which purpose, by law, is to represent the residents who elect its officials, is diminished to the level of each individual within the 5 mile radius, whether or not he/she lives in the affected municipality; and

 

WHEREAS, said law follows a disturbing trend in New York State to remove powers from local jurisdictions and therefore from the affected electorate and transfer such power to a faceless bureaucracy which has no constituency; now, therefore be it

 

RESOLVED, that the Town of Yates opposes and expresses its deep disappointment and concern over the establishment of said siting Board and of the enactment of the Power NY Act of 2011; and be it

 

FURTHER RESOLVED, that certified copies of this resolution be sent by the Clerk of the Town of Yates to Governor Cuomo, Senator George Maziarz, Assemblyman Steve Hawley and NYSAC, InterCounty of Western New York

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bentley

 

Adopted 5 ayes; 0 nays

 

 

RESOLUTION NO.31-2/12

 

RESOLUTION TO RENEW CEMETERY MOWING CONTRACT

 

WHEREAS, Lee Boyce Sr. has shown interest in renewing his contract for the mowing of the Town Park and cemeteries,

 

BE IT RESOLVED this contract shall be renewed with and increase of pay of $500.00

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bradley

 

Adopted 5 ayes; 0 nays

 

The Highway Superintendent has requested that bids be published for a new excavator.  The one we have now is not going to be manufactured anymore and parts will be hard to acquire

 

RESOLUTION NO.32-2/12

 

RESOLUTION TO ALLOW HIGHWAY SUPERINTENDENT  TO ADVERTISE FOR BIDS ON A NEW EXCAVATOR

 

WHEREAS the superintendent has been granted permission to advertise for bids, notices will be published in the official newspaper of the Town of Yates for the sale of  our excavator and the purchase of a new excavator. Be it further

RESOLVED,  Bids will be opened on February 24 at 11:00 A.M.

 

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Harmer

 

Adopted 5 ayes; 0 nays

RESOLUTION NO.33-2/12

 

RESOLUTION TO HOLD A SPECIAL MEETING TO AWARD BIDS FOR EXCAVATOR

 

WHEREAS, Prices on excavators are due to increase on March 1, 2012 be it

 

RESOLVED that a special meeting be held on Monday February 27, at 4:00 P.M. to awards bids for the excavator.

 

Offered by Councilman Harmer who moved its adoption.

Seconded by Councilman Bradley

 

Adopted 5 ayes; 0 nays

 

 

RESOLUTION NO.34-2/12

 

RESOLUTION TO HIRE MUNICIPAL SOLUTIONS AS A CONSULTANT FOR WATER

 

WHEREAS, Municipal Solutions has contacted the Supervisor regarding reviewing of Water District #4

 

BE IT RESOLVED the Supervisor is hereby authorized to sign an agreement with Municipal Solutions Inc. to review water district # 4

Offered by Councilman Bentley who moved its adoption.

Seconded by Councilman Harmer

 

Adopted 5 ayes; 0 nays

 

 

 

 

RESOLUTION NO. 35-2/12

 

RESOLUTION TO PAY BILLS

 

WHEREAS, bills have been reviewed by the Town Board, be it

 

RESOLVED to pay bills as follows:

 

A-Account-General    20,124.67         

B-Account-General         790.27                                

DA-Account               25,985.54

DB-Account                    913.01          

Water 4 Account           2,418.29       

             

Fire Account               40,950.00$

Youth Account               $445.00

 

  TOTAL                   91626.78

 

 

Offered by Councilman Bradley who moved its adoption

Seconded by Councilman Bentley

 

Adopted.5 ayes 0 nays;  )

 

Adjournment

 

Moved by Councilman Harmer, Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:15 P.M.

Seconded by Councilman Bradley

 

Vote  5 ayes; 0 nays; 

 

 

Town of Yates

 

 

Brenda B. Donald

Town Clerk